April 29, 2011

Multi-opinion Ninth Circuit ruling on federal child porn sentencing

The Ninth Circuit today released a significant new ruling on federal child porn sentencing in US v. Henderson, No. 09-5054 (9th Cir. April 29, 2011) (available here). Each member of the panel wrote an opinion in Henderson, though this start for the opinion for the court makes the case seem simple enough:

Ronald Henderson challenges the district court’s failure to exercise the discretion accorded it in Kimbrough v. United States, 552 U.S. 85 (2007), to vary from the Sentencing Guidelines based on policy disagreements with them and not simply based on an individualized determination that they yield an excessive sentence in a particular case. Because it is unclear whether the district judge recognized and exercised his Kimbrough discretion, we reverse and remand for resentencing.

As is often the case in thoughtful post-Booker rulings, there is something for everyone in this new Henderson opinion. Both the majority opinion and the two concurrences have key passages for those seeking to justify and defend below-guideline or within-guideline child porn sentences.

Comments

Sigh,

The panel is probably right that the district court did not state clearly enough that it understood the discretion afforded it. But nonetheless, given the recitation of evidence I would say that the imposed sentence is entirely reasonable. Here is an offender who likely needs that lifetime term of supervised release.

Posted by: Soronel Haetir | Apr 29, 2011 4:45:16 PM

going to go with you on this one soronel

this type is one of the worst types. those that target strangers.

They have some of the higher reoffense rates.

Posted by: rodsmith | Apr 29, 2011 8:41:41 PM

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